The Uniform Probate Code Extends Antilapse-Type Protection to Poorly Drafted Trusts

The Uniform Law Commission\u27 promulgated a revised version of Article II of the Uniform Probate Code (UPC or Code) in 1990, and approved a set of technical amendments in 1993. As Director of Research and Chief Reporter for the Joint Editorial Board for the Uniform Probate Code (Board)2 and reporter for the UPC Article II drafting committee, I was privileged to serve as the principal drafter of these provisions. UPC Article II deals with the substantive rules governing donative transfers - intestacy; spouse\u27s elective share; execution, revocation, and revival of wills; rules of construction for wills and other donative transfers; and perpetuities. In all, UPC Article II contains eighty-five provisions, many of them brand new. The initial project took about four years to complete